Load Guarantee Terms

1.     Definitions

The definitions set out in Maersk’s Terms for Carriage (“Terms for Carriage”), available at https://terms.maersk.com/carriage, shall be adopted and have the same meaning where used in these Load Guarantee Terms, unless otherwise defined herein.

"Applicable Shipment” means a shipment in relation to which Load Guarantee has been purchased by the Customer.

“Contract of Carriage” means any contract of carriage and any agreement for value-added services, evidenced by a Transport Document and any booking confirmation issued for the carriage of Goods entered into between the Carrier and the Merchant whether or not such Transport Document has been physically issued but provided that Goods have been accepted for carriage and the Merchant is entitled to demand a Transport Document.

“Customer” means the party purchasing Load Guarantee, any person or entity which falls within the definition of “Merchant” as set forth in the Terms for Carriage, or any party that has acquired the full benefit of the Merchant’s rights.

“Load Guarantee” means a service whereby the Carrier promises to give increased priority to the Goods specified in the booking confirmation and accepted for carriage.

“Load Guarantee Service Fee” means a USD amount payable by the Customer on a per FFE basis in respect of Load Guarantee provided by the Carrier.

“Reimbursement Fee” means a reimbursement of [100% of] the Load Guarantee Service Fee to the Customer as set out in these Load Guarantee Terms.

“Store Door Pick-Up” means a service, which forms part of the carriage, whereby the Carrier has agreed to pick up the Goods at a specified address and perform the inland origin leg of the Carriage.

“Transport Document” means a bill of lading (whether or not negotiable), sea waybill, air waybill or a similar transport document (whether issued in paper or electronic form) issued by the Carrier.

2.     Scope of these Terms

2.1     Load Guarantee may only be purchased in respect of a booking subject to a Contract of Carriage between the Customer and the Carrier.

2.2     If the person booking the Load Guarantee service does not fall within the definition of “Customer”, that person shall procure that the Customer performs its obligations with respect to the Applicable Shipment under these Load Guarantee Terms.

2.3     These Load Guarantee Terms will apply where:

(i)     at the time of booking the Customer has purchased Load Guarantee in respect of the Applicable Shipment; and

(ii)      the Carrier has confirmed, by a booking confirmation or otherwise, that Load Guarantee will apply to the Applicable Shipment.

2.4     These Load Guarantee Terms do not set out the parties’ liability for loss or damage to Goods or other liabilities arising during carriage. Carriage of any Goods will be governed by the Terms for Carriage (or the Terms for Carriage as logically amended in writing and agreed between the parties).

2.5     The Carrier does not warrant the availability of the Load Guarantee service. If the Carrier is able to provide the Load Guarantee service, the Carrier will confirm this in the Booking Confirmation.

2.6     Notwithstanding any provision of any service contract, Contract of Carriage, whether or not evidenced by a Transport Document, these Terms shall logically amend and supplement the relevant parts of any such document in so far as necessary.

3.     Load Guarantee

3.1    The Carrier agrees to apply the following Load Guarantee to any Applicable Shipment accepted for carriage:

(i)      The Carrier shall give priority to the Applicable Shipment in its internal schedules ahead of other customers who have not purchased Load Guarantee;

(ii)     The Carrier agrees to provide equipment (in accordance with the booking confirmation) and load the Applicable Shipment onboard the original first leg ocean going vessel stated in the booking confirmation; and

(iii)    The Carrier may, in its sole discretion, load the Applicable Shipment on an alternative vessel, provided that the alternative vessel departs not earlier or later than three days before or after the scheduled ETD (as applicable) as confirmed in the booking confirmation.

4.     Store Door Pick-Up

4.1    In case of Store Door Pick-Up, the parties agree that:

(i)      the pick-up time stated in the booking confirmation is a non-binding indication only; and

(ii)     in case of a delay in loading the Goods onto a vessel, a Reimbursement Fee shall only be payable if such a delay is not attributable to the Customer’s action or inaction, including any non-compliance with the waiting or loading times.

5.     Payment of the Load Guarantee Service Fee

5.1    In respect of each booking to which Load Guarantee applies, the Customer shall pay the Carrier the Load Guarantee Service Fee. The Load Guarantee Service Fee is payable immediately and on top of the Freight.

6.     Reimbursement Fee

6.1    The Customer is entitled to a Reimbursement Fee if:

(i)      the Carrier does not comply with its obligations under Clause 3.1(ii) or (iii); or

(ii)     the Customer cancels the applicable booking up to 9 days before the ETD as confirmed in the booking confirmation.

6.2     The Carrier shall only be liable to pay one Reimbursement Fee in total with respect to any/each FFE attracting a Reimbursement Fee.

6.3     The Customer’s entitlement to a Reimbursement Fee is always subject to:

(i)      the full payment of Load Guarantee Service Fee, Freight and any other applicable charges; 

(ii)     the Customer’s compliance with these Load Guarantee Terms;

(iii)   the punctual and complete provision of documents or and necessary declarations by the Customer;

(iv)    the punctual gate-in of the Goods; and

(v)     the compliance of the Goods with measurement restrictions, including weight restrictions or limitations.

6.4    The Reimbursement Fee is the Customer’s sole and exclusive remedy for any and all failures to fulfil these Load Guarantee Terms. The Carrier shall not be liable to the Customer for any other remedy whatsoever, including but not limited to direct or indirect damages whatsoever or howsoever arising. The Carrier shall also have no obligation to provide any refund to the Customer of the Load Guarantee Service Fee (save that the payment of the Reimbursement Fee may be effected by way of refund). 

7. Booking Amendment

7.1     If the Customer requests any of the following amendments less than 9 days before the ETA in the booking confirmation, then the Customer shall pay the Carrier an additional amendment fee equal to 50% of the Load Guarantee Service Fee on a per FFE basis:

(i)      any changes of the port of loading, or port of discharge;

(ii)     any change of the commodity type from non-hazardous to hazardous;

(iii)    any change of the container type; or

(iv)  any other change to the carriage, provided such a change does not affect the parties’ respective rights and obligations under these Load Guarantee Terms.

7.2     Load Guarantee shall continue to apply to the Applicable Shipment if the Carrier has agreed to the amendment requested by the Customer.

7.3     In the event that Clause 6.1 of these Load Guarantee Terms applies to any amended booking, the Customer shall only be entitled to a Reimbursement Fee, and not the additional 50% Load Guarantee Service Fee applied for the amendment. 

8.     Law and Jurisdiction

8.1     These Load Guarantee Terms shall be subject to the law and jurisdiction provisions of the applicable Transport Document.

8.2     Where no separate Transport Document is issued, the law and jurisdiction provisions of the Terms for Carriage shall apply.